WCM: SLACC Objection – Footnotes


Footnotes to letter

  1. Maggie Mason, BA (Arch), Diploma in Town and Regional Planning, who was a senior Minerals planner in Kendal for 10 years and who was involved in drafting the Cumbria Minerals and Waste Local Plan 2015-2030, including policy DC13; Dr Henry Adams: BSc PhD: is an Ecological Consultant; Mike Berners-Lee :Professor and at Lancaster University is a leading expert in supply carbon management and respected author on climate change; Dr Rebecca Willis: BA MA PhD, is also a Professor at Lancaster University and has held a number of senior advisory positions; including Vice-Chair of the Sustainable Development Commission. Becky currently holds a £1.2m UK Research and Innovation Fellowship, investigating energy and climate governance
  2. Appendix 1 to this representation
  3. Letter from Professor Paul Ekins-Appendix 1 to this representation.
  4. Prof Ekins’ letter indicated that “to refute the assumption that greater supply of a product will lead to increased demand would require a very strong argument (and evidence) that the coal market has one or more rare features (such as a cartel which sets prices independently) which override normal economic forces.” No such evidence has been provided, nor even any reasoned explanation why any feature of the coal or steel market would ‘override normal economic forces.’
  5. Revised Planning Statement (2020) paragraph 4.2.24.
  6. Revised Planning Statement (2020) paragraphs S17-S22 and paragraphs 5.3.8-5.3.10 ; 5.3.23-5.3.25. If the s106 agreement made the impacts acceptable, then WCM would not address GHG impact in the second stage of the tests under DC13 and NPPF paragraph 211.
  7. Appendix 1 to this objection.
  8. Appendix 2 to this objection.
  9. Committee on Climate Change https://www.theccc.org.uk/publication/reducing-uk-emissions-2019-progress-report-to-parliament/
  10. Revised Planning Statement (2020) paragraphs 5.3.8-5.3.9
  11. Expert opinion on matters in relation to planning application:-4/17/9007:MPI June 2020: Appendix 2 to this representation.
  12. “Statement on the future need for coal in the steel industry” attached as Appendix 3 to this representation.
  13. Available at https://thecoalhub.com/wp-content/uploads/attach_250.pdf
  14. The graph of future global steel demand the first planning Officers Report in February 2019 was from H&W Worldwide Consulting, which is the Hong Kong based consultancy provider of which Dr Bristow is an associate
  15. Hansard, 3 September 2019, DBEIS Written Ministerial Statement ref HLWS1769, attached as Appendix 4.
  16. Ibid.
  17. See MPI Report page 5, final paragraph.
  18. Revised Planning Statement (2020) paragraph 4.2.26.
  19. See Dr Bristow’s 2016 presentation, slide 9, available at https://thecoalhub.com/wp-content/uploads/attach_250.pdf
  20. See the UN Environment Programme’s report “The Emissions Gap Report 2017” pg 41, available at https://www.unenvironment.org/resources/emissions-gap-report-2017.
  21. Stockholm Environment Institute, “Carbon lock-in from fossil fuel supply infrastructure” (citations in quotation omitted), available at https://mediamanager.sei.org/documents/Publications/Climate/SEI-DB-2015-Carbon-lock-in-supply-side.pdf.
  22. On the basis that another mine elsewhere with similar emissions is no longer operating, if no longer producing.
  23. Appendix 2 to this representation
  24. EIA Chapter 19: Greenhouse Gas Emissions, page 25.
  25. Taking into account that the mine will only reach full production at year 5, and taking only 5% of the lower figures for years 1-4, the figure is 6,661,000 tonnes of additional coal (ie 5% of the total 50-year tonnage of mettalurgical coal of 133,220,000).
  26. https://www.gov.uk/government/publications/greenhouse-gas-reporting-conversion-factors-2020
  27. 6,661,000 tonnes of coking coal x 3,222.04 [government conversion factor for tonnes of coking coal to kgCO2e] = 21,462,008,440 kg CO2e = 21.4 million tonnes CO2e.
  28. Revised Planning Statement (2020) para 4.2.14.
  29. EIA Chapter 19: Greenhouse Gas Emissions, para 13.
  30. Letter of Paul Ekins OBE – Appendix 2 of this representation
  31. WCMs Environmental Statement Chapter 19 Appendix 2 GHG Assessment (AECOM) paragraph 4.1
  32. Ibid paragraph 4.5
  33. ES Chap. 19, page 54, para 7.6.
  34. ES Chap. 19, page 59, para 9.4.
  35. Kholoh et al, Global methane emissions from coal mining to continue growing even with declining coal production, 256 J of Cleaner Production (May 2020) available at: https://www.sciencedirect.com/science/article/pii/S0959652620305369#fn1.
  36. PCC Guidelines for National Greenhouse Gas Inventories, vol. 2 (2006) Energy. (Chapter 4): Fugitive Emissions. Intergovernmental Panel on Climate Change, available at http://www.ipcc-nggip.iges.or.jp/public/2006gl/pdf/2_Volume2/V2_4_Ch4_Fugitive_Emissions.pdf.
  37. As drafted in the Officers Report to DC&R Committee October 2019
  38. ES Ch 19 pg 5 paragraphs 8-9. Referring to AECOM’s methodology Ch 19 Appendix 2 pg 44 paragraph 3.12.
  39. Decision of the Court of Justice of the European Union in Abraham v Wallonia [2008] Env LR 32 at paragraph 43.
  40. ES Ch 19 Page 4 paragraph 5
  41. Ibid page 53 paragraph 7.4
  42. Ibid paragraph 6
  43. Ibid paragraph 3.6
  44. Ibid paragraph 3.6
  45. The Court of Appeal’s recent judgement regarding the proposed expansion of Heathrow Airport –paragraph 228 https://www.judiciary.uk/wp-content/uploads/2020/02/Heathrow-judgment-on-planning-issues-27-February-2020.pdf
  46. CA judgment paragraph 216. The full analysis on the Paris Agreement as Government policy is from paragraph 196-233. Although the CA’s decision about the Paris Agreement being Government policy was made in the context of the Planning Act 2008, it is equally applicable to the planning regime under the Town and Country Planning Act 1990.
  47. CA judgment paragraphs 234-238.
  48. Planning Statement Paragraph 2.6.1, Table 1: European exports are 2,420,000tpa by year 5; as 87% of coal is exported in years 5-50, this figure is applied to the figures for years 1-4 as a reasonable estimate of the proportion going to the EU in years 1-4.
  49. Planning Statement Page 50 Paragraph 5.3.24
  50. Ibid Page 23 Paragraph 4.2.25
  51. See AECOM Report at tables 3.1 and 3.2 and accompanying text; Planning Statement at para 4.2.21, ES Chapter 19, paras 74-75,
  52. In 2019, carbon emissions from Drax Power Station were below 1 million tCO 2. https://www.drax.com/sustainability/carbon-emissions/ Total net UK emissions in 2019 were provisionally estimated to be 351.5 million tonnes. DBEIS, 2019 UK greenhouse gas emissions, provisional figures (26 March 2020), available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/875485/2019_UK_greenhouse_gas_emissions_provisional_figures_statistical_release.pdf. As UK emissions are currently near, but within legislated carbon budgets, total emissions figures (including for sectors and local authorities) are a reasonable proxy for the portion of the carbon budget that might reasonably be allocated to these industries/local authorities.
  53. ES Ch 19 Page 16, Paragraph 73.
  54. IEMA, Environmental Impact Assessment Guide to: Assessing Greenhouse Gas Emissions and Evaluating their Significance (2017), page 16, Para 6.2 and Figure 4, avaliable at https://www.iema.net/assets/newbuild/documents/IEMA%20GHG%20in%20EIA%20Guidance%20Document%20V4.pdf .
  55. Id. at page 14. Internal citations omitted.
  56. ES Ch 19 Page 16, Paragraphs 74- 75.
  57. PAS 2050:2011, Specification for the assessment of the life cycle greenhouse gas emissions of goods and services (2011) at iv.
  58. Id.
  59. Id. at page 5.
  60. Department of Energy & Climate Change, Guidance on Annual Verification for emissions from stationary installations emitted before 1 January 2013, available at https://bit.ly/2YRl5RI.
  61. Id. at para 219.
  62. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/812142/2005-17_UK_local_and_regional_CO2_emissions_tables.xlsx
  63. Cumbria industry and commercial total (2017): 1699.9 kt CO2 versus total UK emissions of 351,501.3 kt CO2 .
  64. Cumbria total (2017): 3788.3 kt CO2 versus total UK emissions of 351,501.3 kt CO2 .
  65. Planning Statement at 4.2.24.
  66. Id.
  67. Freeths, Draft S106 Agreement (17 June 2020), Definitions and Interpretation, Proposed GHG Report, subpara (b).
  68. Revised Planning Statement (2020) paragraphs 5.3.8-5.3.9.
  69. Copeland Local Plan Policy Page 48 Policy ER10 and pages
  70. https://coastal.climatecentral.org/map/16/-3.6054/54.539/?theme=sea_level_rise&map_type=coastal_dem_comparison&contiguous=true&elevation_model=best_available&forecast_year=2050&pathway=rcp45&percentile=p50&return_level=return_level_1&slr_model=kopp_2014
  71. WCM Revised Planning Statement April 2020 page 47
  72. Copeland Local Plan Policy Page 48 Policy ER10 https://www.copeland.gov.uk/attachments/ core-strategy-and-development-management-policies-0
  73. Revised Planning Statement (2020) paragraphs 5.3.6 – 5.3.10.
  74. Rather than minor adverse in stage 1 consideration
  75. WCM Environmental Statement Chapter 5 paragraph 5.2.18
  76. WCM Revised Planning Statement Page 47